Terms and conditions

Terms and conditions for end customers 1. Scope of application For all orders of the goods offered in our online shop the following conditions apply. The offer is not aimed at resellers. 2. Contractual partner and contract conclusion 2.1 Contractual partners The contract is concluded with Rainbow Watch GmbH, Dauner Str. 14, 53842 Troisdorf, Germany Managing Director: Mr. Erich Kastenholz, Mr. Joachim Baer Registered office: 53842 Troisdorf, Germany Phone: 004922411693968, Fax: 004922411693965, E-Mail: info@rainbow-watch.de : District Court Hamburg, HRB 104448, VAT ID no. DE259003938 We have submitted to the Trusted Shops Code of Conduct (available at www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf). 2.2 Order / customer account The product presentations in the online shop are used to submit a purchase offer. To place a purchase offer, you can register during the ordering process and create a customer account. The mandatory details are marked with a *. This allows you to easily and conveniently order your Rakuten shopping portals with your e-mail address and personal password, as well as in all connected online shops. When ordering through our Onlineshop, the order process comprises a total of 3 steps: Step 1: Log in with your customer account by entering your e-mail address and your personal password. You must state your customer data, including the invoice address and, if desired, a different delivery address for the initial or a guest appointment. Step 2: Choose the type of payment you want to pay for your order. As a registered user, the most recently used payment method is already selected. You can of course change this at any time in the order process by clicking on "Change". Step 3: Under "Check and Confirm" you have the possibility to check and change all information (eg name, address, method of payment) by clicking on the respective link "Change". The order process can be canceled at any time by closing the browser window or by clicking the link "Cancel and back to the shop". By clicking the "Buy" button, you close the order process and issue a binding order. 2.3 Order acceptance / Conclusion By automatically sending the order confirmation by e-mail immediately after receipt of order, we accept the offer (your order) on conclusion of the contract. We can accept your offer by e-mail within 24 hours of receipt of your order by sending an order confirmation. 2.4 Possibilities of contestation If our order confirmation contains typographical and / or printing errors, or should our pricing be technically caused by transmission errors, then we are entitled to challenge, whereby we must prove our error. Payments already made will be refunded immediately. 2.5 Telephone Ordering In the case of a telephone order, the order data is interrogated orally and a customer account is created. If a customer account has been created, the password given by Rakuten for the customer account will be deleted immediately after placing the order and a new, encrypted password will be sent to you. In the case of a telephone order, the contract is also concluded by sending us the order confirmation by e-mail to you, which can be sent to you within 24 hours of receipt of your order. 3. Save the contract text Rakuten stores the order data and sends you this order data as well as our valid terms and conditions by e-mail. You can also view and print the current terms and conditions in our shop at any time. You can view your orders at any time in your customer account. You can also check the status of the current order at www.rakuten.de under "Order status". In addition, we do not store the contract text on our own systems. 4. Reservation of title The delivered goods remain our property until complete payment. Prior to the transfer of the property, a pledge, security transfer, processing or transformation without our consent is not permitted. We authorize Rakuten to deliver already delivered and not fully paid goods. 5. Terms of delivery 5.1 Withdrawal Should the delivery of the goods fail due to your fault despite a three-time delivery attempt, we can withdraw from the contract. If necessary, You will be refunded immediately. 5.2 Self-exempted reservation If the ordered product is not available due to the fact that we are not supplied by our reliable supplier in spite of the fact that an order is placed in the same order without our own fault, we can withdraw from the contract. In this case, we will inform you without delay and suggest the delivery of a comparable product. If no comparable product is available, or if you do not wish to receive a comparable product, we will refund you any costs already paid. The obligation to exercise responsibility for a lack of delivery by our supplier is our responsibility. 5.3 Delivery restrictions We will inform you about the delivery area and delivery restrictions on a separate page before the start of the ordering process. 6. Terms of payment 6.1 Bank guarantee All funds received by us in the course of payment processing via the Fiduciary Service by Rakuten, which we are entitled to (payment service users) and not Rakuten, will be paid in our favor in the event of the insolvency of Rakuten in accordance with the security requirements of § 13 Zahlungsdiensteaufsichtsgesetz (ZAG) by a guarantee declaration of Sumitomo Mitsui Banking Corporation subsidiary Düsseldorf. 6.2 Payment processing; Treuhandservice We have instructed Rakuten Deutschland GmbH ( "Rakuten") to handle the payment in a trustworthy manner. Upon completion of the contract, Rakuten will provide you with the payment information of the payment you have chosen and the amount you have to pay. Rakuten shall act as our trustee for the payments made between us and you, in the execution of the contracts concluded by Rakuten; Rakuten accepts your payment for us on a fiduciary account, which has been specifically set up for this purpose and is assigned to the payment chosen by you. We dispatch the goods after clearance by Rakuten within the time specified by us in the order process and confirm to Rakuten after dispatch of the goods the dispatch. As a rule, release by Rakuten is immediately after the order confirmation has been sent. If you have selected the advance payment method, Rakuten will grant the clearance only upon receipt of the payment on the trust account. In the case of defects in the goods, a disagreement about the existence of defects between us and you or other conflicts, we shall endeavor to resolve the matter with you as best as possible with the amount you have paid. We will always observe your mandatory legal rights and claims. 6.3 Methods of payment Payment is made through payment processing with the offered payment methods and conditions. The currently offered payment methods can be viewed at any time under "payment methods" on the "Customer Information" section of our shop page. In any case, the payment method Prepaid is available and the other available payment methods are displayed to you before each purchase. 6.4 Exclusion of individual payment methods We or Rakuten reserves the right to exclude individual forms of payment. The available payment methods are then available as an option in the ordering process. Please also note the information in our privacy policy under "Data protection". 6.5 Display of deferred receivables In the event that your payment is not received within 16 days of our notification to Rakuten concerning the dispatch of the goods and corresponding notice to you by Rakuten on the trust account notified to you by Rakuten, we hereby already enter the claim against you on payment of the purchase price To Rakuten. In the event of the aforementioned condition being fulfilled, Rakuten Deutschland GmbH and a debt-free payment by virtue of payment shall only be entitled to Rakuten from the date of the assignment in accordance with § 407 BGB. 6.6 Payment Objective The invoice amount must be transferred to the Rakuten account of the HypoVereinsbank (IBAN: DE86770200700021511501, BIC- / SWIFT-Code: HYVEDEMM411) within 10 days (from conclusion of contract or invoice in case of purchase on account). Upon the occurrence of the delay in payment, the purchase price shall be interest-bearing during the delay of 4% above the base interest rate. Rakuten reserves the right to prove and assert a higher arrears. 7. Warranty The warranty is subject to legal regulations. You will find detailed information on any additional warranties and terms and conditions that apply to the product. 8. Transportation damage If goods are delivered with obvious transport damage, please report such faults immediately to the delivery company and contact us as soon as possible. The non-compliance of a complaint or contact has no consequences for your statutory claims and their enforcement, in particular warranty rights. They help us to claim our own claims against the freight carrier or the transport insurance. 9. Trusted Shops seal, buyer protection We are a Trusted Shops member and offer you as an additional service the Trusted Shops Buyer Protection. You only have to register after ordering. This money back guarantee applies to non-delivery, non-refund after return and credit card misuse. For details, please visit www.trustedshops.de. 10. Online dispute resolution (Article 14 (1) ODR Regulation) The European Commission provides a platform for online dispute settlement ( "OS platform") at http://ec.europa.eu/consumers/odr/. 11. Final provisions 11.1 Applicable law German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). 11.2 Consumer law In the case of customers who conclude the contract for a purpose which can not be attributed to their commercial or independent professional activity (consumer), this choice shall apply only to the extent that this does not result from the mandatory provisions of the law of the State in which they are habitually resident Have been withdrawn. 11.3 Contract language The contract language is German. as at 2.8.2016